Blog Posts in 2010

39 results found. Viewing page 1 of 2. Go to page 1 2   Next

Listen to this recorded telephone abuse!

The below link contains news coverage calls made a Bank of America debt collector. Disgusting. Racist, pornographic. Even targeted someone who owed nothing. Brian Ross, Chief Investigative ...
Continue reading "Listen to this recorded telephone abuse!" »

Jesse returns from NCLC consumer rights conference

Three days of presentations about the Fair Credit Reporting Act, Fair Debt Collection Practices Act, Student Loan law, and credit card regulation have just been completed. This conference was led by ...
Continue reading "Jesse returns from NCLC consumer rights conference" »

Student loan collection is as active as ever

Student loan collection activity is extremely active and ultra-competitive. The below-cited Department of Education "Performance Report" measures outsourced loan collection by 1) total ...
Continue reading "Student loan collection is as active as ever" »

Get this book! "The Cost of Credit."

Credit card finance regulation (stay awake!) is an intricate web of federal and state laws complicated by issues of federal preemption. I recommend the treatise, The Cost of Credi t, to any lawyer, ...
Continue reading "Get this book! "The Cost of Credit."" »

This practice is rewarding

There is a palpable personal element to literally rescuing somebody in the middle of crisis. The credit markets can cripple people. A surprise judgment is like getting kicked in the teeth ...
Continue reading "This practice is rewarding" »

The Firm Retains Rowboat Media to Design its Website

The face of a business is its website. A competing business cannot afford to lose customers by using a cheap-looking, poorly designed website. Lawyers are no exception. In fact, I could make the ...
Continue reading "The Firm Retains Rowboat Media to Design its Website" »

The Firm hires Sheril Stanford, J.D. to its Expanding Federal Practice

I am overjoyed to announce the addition of Sheril Stanford, J.D. to The Firm's rapidly growing federal, collection-abuse practice. As previously stated, we are aggressively suing debt collection ...
Continue reading "The Firm hires Sheril Stanford, J.D. to its Expanding Federal Practice" »

Claims of unfair collection practices survive dismissal

Lesson : SAVE ALL VOICEMAILS AND LETTERS. TAKE CONTEMPORANEOUS NOTES. Case study : In response to debt collector's motion to dismiss under 12(b)(6) for failure to state a claim, plaintiff ...
Continue reading "Claims of unfair collection practices survive dismissal" »

Jesse Langel joins the Federal Bar Council

I am pleased to announce my admittance into the Federal Bar Council. This organization consists of federal court practitioners within the Second Circuit (District Courts and Appellate Courts within ...
Continue reading "Jesse Langel joins the Federal Bar Council" »

New York Federal Court confirms negligence theory possible against consumer's credit card issuer

Just because a case is a few years old does not mean its not a gem. In Colorado Capital v Owens, 227 FRD 181, 188 [EDNY 2005], at issue is whether a bank owes a duty of care to its debtor customers. ...
Continue reading "New York Federal Court confirms negligence theory possible against consumer's credit card issuer" »

Consumer gets jurisdiction hearing by denying specific facts in affidavit of service

Today's New York Law Journal case, Chase Home Financing, LLC v, Adetula, emphasizes the importance of asserting -- without waiving -- your defense of lack of personal jurisdiction due to improper ...
Continue reading "Consumer gets jurisdiction hearing by denying specific facts in affidavit of service" »

The Langel Firm overturns judgment of RAB Performance Recoveries and Malen & Associates, P.C.; Mother's teaching wages returned

Today, we invalidated a $10,000 judgment entered against of a bronx teacher, a single mother. At the scheduled traverse hearing (a hearing to determine jurisdiction), the Malen & Associates, P.C. ...
Continue reading "The Langel Firm overturns judgment of RAB Performance Recoveries and Malen & Associates, P.C.; Mother's teaching wages returned" »

Bank of America, FIA pay $5M Fine

Bank of America and its subsidiary, FIA, this week settled a three-year lawsuit brought against them by San Francisco City Attorney Dennis Herrera for allegedly forcing consumers to use arbitration ...
Continue reading "Bank of America, FIA pay $5M Fine" »

The Big 5 NYC Debt Collection Law Firms

A recent study found that the following five law firms filed two-thirds of the New York City credit card lawsuits during 2006-2008: Mel S. Harris & Associates, LLC Cohen & Slamowitz Mullooly, ...
Continue reading "The Big 5 NYC Debt Collection Law Firms" »

The Langel Firm settles $20,000 case with Asset Acceptance for $1.00 after vacating default judgment.

My Client was sued by Asset Acceptance, LLC for approximately $20,000 in July of 2009. After not appearing in court, a default judgment was entered against her for $20, 601. She retained me to ...
Continue reading "The Langel Firm settles $20,000 case with Asset Acceptance for $1.00 after vacating default judgment." »

Complaint Dismissed Post-trial Because Consumer Not Notified of Assignment

Today we report on a recent case called South Shore Adjustment Co. v Pierre. [1] In this case, South Shore, a debt buyer, tried to collect from a consumer on an alleged credit card debt that ...
Continue reading "Complaint Dismissed Post-trial Because Consumer Not Notified of Assignment" »

Fight time-barred debt!

Time-barred debt is debt where your alleged non-payment occurred beyond six years ago (in NY). Debt collectors or debt buyers are prohibited from suing on that old debt but they may still be permitted ...
Continue reading "Fight time-barred debt!" »

Medical collection firm does not escape "debt collector" status

As collection lawyers know, Federal law (FDCPA) governs the conduct of debt collectors who are basically defined as any creditor who collects debt for another as a separate entity. This case involved ...
Continue reading "Medical collection firm does not escape "debt collector" status" »

Citibank (SD) NA must show legal support for its usurious interest rates

Judge Ciaffa in Nassau District court was not moved by Citibank's assertions that it was entitled to a 29.99% interest rate merely because it is a "national bank." This otherwise routine ...
Continue reading "Citibank (SD) NA must show legal support for its usurious interest rates" »

Capital One case dismissed under shorter Virginia statute of limitations

We see again a battle over New York's borrowing statute as it relates Capital One's allegations of a breached credit card agreement that contains a choice of law provision that holds Virginia ...
Continue reading "Capital One case dismissed under shorter Virginia statute of limitations" »

Obama Student Loan Overhaul

A considerable number of potential clients have approached me regarding collection attempts for their student loan debt. We know that federally guaranteed student loans enjoy special enforcement ...
Continue reading "Obama Student Loan Overhaul" »

Chase Bank proves its damages

Judge Ciaffa in the District Court of Nassau found that Chase was permitted to apply its home interest rates (Delaware; see 12 USC §85) to the subject credit card accounts pre-litigation, and ...
Continue reading "Chase Bank proves its damages" »

Don't ignore your student loans

More consumers have approached me lately concerning their students loans. They do not go away and enjoy high priority in terms of creditors and enforcement powers. As seen below, we see a guarantor ...
Continue reading "Don't ignore your student loans" »

Oath requirements for foreign affidavits

My previous entry pointed to CPLR §2309's necessity of a proper acknowledgement of an out-of-state affiant. In many collection cases, the purported witness with knowledge is an employee of a ...
Continue reading "Oath requirements for foreign affidavits" »

Pointers on attacking assigned judgments.

Here's a bulleted list of helpful challenges to your debt buyer's judgment: Verify a proper acknowledgment in the form required to entitle the recordation of a deed (CPLR §5019(c); Real ...
Continue reading "Pointers on attacking assigned judgments." »
39 results found. Viewing page 1 of 2. Go to page 1 2   Next
Internet Marketing Experts The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.